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Secrets of the Texas Criminal Justice System and Your Rights
If you have been accused of an act of domestic violence, it is easy to feel as if you do not have rights in this situation. However, a knowledgeable domestic violence lawyer can explain what your rights during a Lubbock domestic violence investigation are. Furthermore, the attorney could work diligently to protect those rights and ensure that you have a fair trial. Work with a local defense lawyer and know that you are in capable hands during your Lubbock investigation.
What Differentiates Domestic Violence Investigations From Other Investigations?
With domestic violence investigations, more people get involved and from different departments than with a typical crime. With a typical crime, the police officers are the investigators. With domestic violence, Child Protective Services and other groups might get involved in the investigation. With all the incentives and motives and biases that come with them, all for good purposes to protect the children and the spouses, the level and the number of people that are investigating the situation vastly increase.
Right to Avoid Self-Incrimination
One of the most important rights during a Lubbock domestic violence investigation is a person’s right to not incriminate themselves. This right is based on constitutional law but a lot of people do not know or take advantage of that right. It is not that the accused is not trying to protect themselves, it is just that they just cannot stop talking. People tend to want to be cooperative with investigators and law enforcement during an investigation.
Investigators have the sole responsibility of writing down whatever people are willing to tell them, and may ask probing questions, or try to assure the accused that they can confide in them. However, it is not always even close to the truth. It is just a technique to get the person talking so that they can complete their investigations and get to the truth. Some of it is fair, but there are a lot of questioning techniques that, may be legal but are not necessarily fair. A person has got the right to common sense and they should exercise that right and just be helpful and polite, but that does not mean they need to themselves.
The person will also have the right to an attorney. The attorney can help the charged individual understand and answer a specific line of questioning, give them legal advice, and help them navigate the domestic violence investigation process.
How the Accused Can Expect to Be Treated During the Investigation
Those charged with domestic violence often feel that they are treated like they have been convicted because from the beginning the burden of the alleged crime is on them. The accused is the one that gets asked the questions about what they may have done, and the alleged victim usually gets asked questions about what the accused may have done as well. It is just the nature of an investigation
In this situation, the person who loses their rights during a Lubbock domestic violence investigation is going to be the alleged perpetrator due to things like temporary protective orders. That person is the one who is going to lose his or her rights. Someone else is going to be protected from the person, not the other way around. This literally could be a situation in which the person gets a protective order and it does not cover what the other person might do to the accused. People tend to think that if there are allegations, they must be true.
There are plenty of situations of domestic violence in which the person making the allegation is not being truthful or honest; they are just angry at somebody and so they make that allegation and then it just starts rolling from there and it can be hard to unwind. However, it is good that there is a system in place that’s purpose is to protect kids and families. It is important to have a culture and a society in which people who are hurt, especially in domestic situations, are encouraged to step forward and be protected.
The price that society pays for having and exercising that value is that some people take advantage of it. A lot of people have experienced what it feels like when a police officer is driving right behind their car and people talk about how they feel like they have done something wrong. That is why it is important for individuals to work with a skilled domestic violence attorney that could inform them of their rights during a Lubbock domestic violence investigation, and protect those rights.